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DHS amends regulation to remove 30-day processing provision for asylum employment authorization applications

  1. Date Announced

    June 22, 2020

    DHS has removed a regulatory provision stating that USCIS has 30 days from the date an asylum applicant files the initial Form I–765, Application for Employment Authorization (EAD application), to grant or deny that initial employment authorization application. This rule also removes the provision requiring that the application for renewal must be received by USCIS 90 days prior to the expiration of the employment authorization. This rule was signed by Chad Mizelle, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf.

    [ID #985]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    Aug. 21, 2020
  3. Subsequent Action

    September 11, 2020

    Preliminary injunction granted Sept. 11, 2020--CASA de Maryland v. Wolf (D. Maryland), but limited to members of plaintiff organizations.

    CASA de Maryland Preliminary Injunction
  4. Subsequent Action

    November 24, 2020

    USCIS issued an alert regarding the steps it is taking to comply with the September 11, 2020, preliminary injunction in Casa de Maryland v. Wolf concerning the application of certain regulatory changes to Forms I-589 and I-765 filed by asylum applicants who are CASA or ASAP members.

    Policy Alert on Asylum EAD Applications Following Preliminary Injunction
  5. Subsequent Action

    December 23, 2020

    Individual and organizational plaintiffs filed suit against the Department of Homeland Security, Acting Secretary Chad Wolf, and Acting DHS General Counsel Chad Mizelle in D.D.C, seeking declaratory and injunctive relief regarding two rules (85 Fed. Reg. 38,352 and 85 Fed. Reg. 37,502) limiting asylum seekers' access to EADs. Plaintiffs raise Appointments validity claims as well as others.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    Complaint, AsylumWorks v. Wolf (D.D.C. Dec. 23, 2020)
  6. Subsequent Action

    May 4, 2021

    On May 4, 2021, Secretary Mayorkas ratified prior delegable actions and decisions regarding the approval, issuance, signing, and publication of the Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications rulemaking.

    2021.05.04 RATIFICATION
  7. Biden Administration Action

    May 7, 2021

    Secretary Mayorkas ratifies the policy identified in this entry. On May 7, 2021, DHS issued a press release announcing they were ratifying the Trump administration rule, while acknowledging the importance of issuing timely work authorizations.

    DHS Ratifies Rule that Removes 30 Day EAD Processing Requirement _ Homeland Security
  8. Biden Administration Action

    June 14, 2021

    This notice made known the Biden administration's intent to rescind or substantively revise the Trump-era policy identified in this entry.

    DHS announced in the Uniform Regulatory Agenda that it plans to issue a notice of proposed rulemaking that would rescind or substantively revise two final rules related to employment authorization for asylum applicants, including the August 21, 2020 final rule that removed DHS regulatory provisions stating that USCIS has 30 days from the date an asylum applicant files the initial Form I-765, Application for Employment Authorization, to grant or deny that initial employment authorization application.

    Rescission of "Asylum Application, Interview, & Employment Authorization" Rule and Change to "Removal of 30 Day Processing Provision for Asylum Applicant Related Form I-765 Employment Authorization"


Miami Herald - In latest crackdown, asylum seekers face new hurdles to get U.S. work permits

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